Labour Court Database __________________________________________________________________________________ File Number: CD95474 Case Number: LCR15049 Section / Act: S26(1) Parties: FLOGAS IRELAND LIMITED (Represented by THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION;MARINE PORT AND GENERAL WORKERS UNION |
'Acting-up allowance' where full responsibilities/functions of higher grade job are taken on for periods in excess of one week.
Recommendation:
The Court recommends that within the Grades A,B & C, where an
employee takes over the full functions and responsibilities on a
continuous basis of an employee on a higher grade, the rate of pay
applicable to the higher grade shall be paid after a continuous
period of two weeks acting up have been worked.
The above arrangements shall apply on each occasion acting up
arises.
Acting up outside of the above grades shall be dealt with as
heretofore.
In the context of the above the Court notes that the current
arrangements regarding full flexibility will continue to apply.
Division: Mr McGrath Mr Pierce Mr Rorke
Text of Document__________________________________________________________________
CD95474 RECOMMENDATION NO. LCR15049
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
FLOGAS IRELAND LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
MARINE PORT AND GENERAL WORKERS UNION
SUBJECT:
1. 'Acting-up allowance' where full responsibilities/functions
of higher grade job are taken on for periods in excess of one
week.
BACKGROUND:
2. The Company, which was established in 1977, distributes
liquefied petroleum gas in cylinder and bulk form.
Following a dispute in 1993 concerning salary scales, the
Labour Court recommended that an independent review be
carried out (LCR14328 refers). Mr. Bob Clarke, a Rights
Commissioner, undertook the review and his report recommended
the establishment of a three-grade salary scale. This is
currently being implemented. The Company maintains that
there has always been an element of flexibility among the
clerical grades and that this should continue. The Unions'
claim is for increased payments for clerical staff who assume
the functions and responsibilities of a higher grade position
for periods in excess of one week. The Company are prepared
to make such payments after a period of six weeks.
The dispute was referred to the Labour Relations Commission
and conciliation conferences took place on 6th July, 1995 and
27th July, 1995. Agreement was not reached and the dispute
was referred to the Labour Court, on 14th August, 1995, in
accordance with Section 26(1) of the Industrial Relations
Act, 1990. The Court investigated the dispute on 1st
December, 1995, the earliest date suitable to both parties.
UNIONS' ARGUMENTS:
3.1. Mr. Clarke's report evaluated 28 clerical jobs in the Company
and found that the salaries were out of line with comparable
jobs in the Northeast region.
2. Following the issuing of the report, the Company advised of six
redundancies to be implemented in the clerical administrative
area. The remaining 22 staff now carry out the duties
previously undertaken by 28.
3. The staff have no difficulty providing flexibility in
carrying out the work of a higher grade. However, as is
common practice in other employments, they should be
compensated accordingly. It is unreasonable and unfair to
deny recompense for the first six weeks, as proposed by the
Company.
COMPANY'S ARGUMENTS:
4.1. Many employees will have received an average increase of 21%
following the implementation of Mr. Clarke's report, which
was based on a continuance of traditional flexibility
arrangements. The Company should not be obliged to make
further payments for a system which has always existed.
2. The claim is cost increasing and cannot be sustained given
the increasingly competitive market, price reductions,
falling volumes and reduced profits experienced by the
Company.
3. The claim is clearly in breach of the Programme for
Competitiveness and Work.
4. If the existing tradition of total flexibility and
co-operation continues, the Company is prepared to pay an
employee at a higher rate of pay following a six week
continuous period of higher duties.
RECOMMENDATION:
The Court recommends that within the Grades A,B & C, where an
employee takes over the full functions and responsibilities on a
continuous basis of an employee on a higher grade, the rate of pay
applicable to the higher grade shall be paid after a continuous
period of two weeks acting up have been worked.
The above arrangements shall apply on each occasion acting up
arises.
Acting up outside of the above grades shall be dealt with as
heretofore.
In the context of the above the Court notes that the current
arrangements regarding full flexibility will continue to apply.
~
Signed on behalf of the Labour Court
21st December, 1995 Tom McGrath
D.G./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.